MATTER OF SEIFRIED v. TOWN OF CLARKSTOWN


23 A.D.2d 795 (1965)

In the Matter of Janet M. Seifried et al., Appellants, v. Town of Clarkstown et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 26, 1965


Order reversed, with $10 costs and disbursements, and respondents' motion denied. Respondents' time to answer the petition is extended until 30 days after entry of the order hereon.

In our opinion, the Town Board's action was administrative and not legislative. By abolishing the then existing Planning Board and immediately appointing a new Planning Board with different members, the Town Board in effect removed petitioners from office without cause and without a public...

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